The official answer has always been no only congress

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- The official answer has always been NO; only congress can exercise legislative power. - But form the beginning, courts have recognized that execution of the laws will often require “filling up the details,” and adopting rules to ensure consistent - In other words, the line between legislative and executive power is murky and courts have generally refused to police it Whitman v American Tricking Ass’ns Section 109(b)(1) pf the CAA instructs the EPA to set “ambient air quality standards... which in the judgment of the administration... are requisite to protect the public health.” Rule: 1. The nondelegation doctrine prohibits any delegation of congress’s legislative powers 2. Therefore, when congress confers decision making in question must “lay down an intelligible principle” to which agent is directed to conform 3. A court is almost never qualified to second-guess congress regarding the permissible degree of policy judgment that can be left to those executing or applying the law Reading Q: Which of the following best captures the primary distinction between an "Independent Agency" and an "Executive Agency"? The President may fire the presiding officials (like the Commissioner) of an Independent Agency only for good cause, but may fire the presiding officials of an Executive Agency for any reason or no reason at all. Grants of adjudicative power to administrative agencies are constitutionally premised on what recognition? That a certain amount of rule making and adjudication are inherent in Executive power.
Courts require that congressional delegations of rule-making authority be governed by what? An "intelligible principle" Overview activity: Which of the following best captures the question of institutional choice in this case? Whether Congress or an expert executive-branch agency under supervision of the President should make technical decisions about air quality standards. Which of the following best captures the issue facing the court? Whether Section 109(b)(1) of the Clean Air Act (CAA) delegates legislative power to the Administrator of the Environmental Protection Agency (EPA) in violation of the nondelegation doctrine. POD1: 1. Evil v. Powers. In his latest attempt to get ahead of the news cycle, President Donald Trump proposes the creation of a new federal agency to replace the EPA, IRS, Department of Education, Department of Energy, and several dozen other, smaller agencies. The new agency will be called the Department of Greatness (DOG) and its mission will be simple but wide-reaching: “to make America great again.” Congress swiftly drafts and passes legislation authorizing the new agency and conferring on the agency power “to make and enforce whatever rules are appropriate, in the judgment of the agency director, to make America great again.” Trump signs the Make America Great Again Act (MAGAA) into law and appoints retired British super-spy Austin Powers as its inaugural director. As DOG’s very first act, Powers approves a new regulation: “Evil shall be banned. Violations shall be punishable by a fine of up to ONE MILLION DOLLARS.” (At

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